help please

[boomer]

hi. not sure how much info i can place on this thread but here goes.
i have tried to sort out a problem with somebody through my vets and have been told by my vet there is no issue after speaking with plaintiffs vet. problem now is ive tried to sort this out with the claimant but she keeps changing her mind on what she wants. she has gone through northampton bulk centre and due to their back log my paperwork has not to date been processed. now the problem is the claimants paperwork is at my local court and mine is still at the bulk centre. claimant got judgement by default so i cant put in my defence. my local court has issued warrant of execution and ive spoken to my local court that my paperwork is still being processed. this is tough as bailiffs are now on their way. surely you are allowed to defend a case where you have done nothing wrong. thankyou for any help.

[labman]

Re: help please

You need to apply for the judgment to be set aside using (off the top of my head) Form N245. I'll check when I get home and post the exact details. Will be there in about 40 minutes.

[boomer]

Re: help please

thankyou labman. i have done all the forms asking for judgement to be set aside. posted to the bulk centre and to my local court which have received this but they say the bailiffs are still coming out as they can come anytime before judgement has been set aside. im confused. does a hearing take place for the judgement to be set aside or can this come by post. ive spoken to the court bailiff office and they said unless the hearing is held before this friday which is doubtful due to backlog they will do a walking possession. this case refers to a swap of cats and ive offered to take the cat back and swap but the claimant now says no i want money. in the beginning she wouldnt swap unless i paid her petrol which seems silly as if there is a poorly cat involved surely you would return the cat without petrol being paid. all a bit confusing.

[teaboy2]

Re: help please

Yes a hearing for set aside will likely take place. If a bailiff turns up simply refuse them entry and make it clear to them that legal proceedings are still on going and that if he turns up at your door again you will deem it as a breach of the protection from harasment act and administration of justice act too which also covers harassment, though can't of the top of my head remember the specific section that refers too it.

Also make sure you leave no doors or windows open when you leave the house.

If the bailiff refused to leave tell them you are calling the police and well sure the police the court paper work as proof the issue is still part of on going legal proceedings.

[boomer]

Re: help please

thankyou teaboy2. when i phoned the bailiff office to tell them about my paperwork he asked what assets i have. i said none and he laughed and said you have a pedigree cat, which is the cat in question for the swap. i told him you cant take the cat and he replied we have just levy'd a dog afew weeks ago so yes if your cat is in the garden we will take it. just to clarify my last post, the cats swapped is not ill. he has been in perfect health for over a year whilst i had him, then 4 days after a breeder used him she wants to swap back saying the cat is poorly. to be accurate the cat did have a poorly tummy 4 days after she took him due to her changing the cats diet, how is this my fault. i dont like the way you can take people to court through moneyclaim online as the paperwork all goes through so quickly. i didnt receive a claim form either just a judgement by default letter. im very worried about my cat now.

[labman]

Re: help please

As Teaboy says, simply don't deal with the bailiffs. You've sent the forms. What I would do is write formally to the bailiffs, the claimant and the Court Manager of your local court stating you have applied for the judgment to be set aside, and are awaiting the outcome. You have been informed by the bulk processing centre in Northampton there is a backlog, so there will clearly be a delay in proceedings. Please could they ensure that the warrant of execution is suspended until such time as you hear from the court and have had chance to analyse the findings.

If they then take it formally to court, you've covered your back, send each recorded delivery so you have a record of receipt, then even if they don't respond, you can show you wrote, receipt is deemed served after two days in law, and you'll have a signature anyway, so they are then clearly not responding in order to continue with the warrant which is bad practice.

[boomer]

Re: help please

i spoke with the courts and its all down that they received my paperwork. the court manager said it takes 2 or 3 weeks to process a warrant of execution then 3 days later the letter arrives. seems like the claimant banged it in quick when she knew i was asking for judgement to be set aside.
i must apologise for starting this thread, my friend has already asked here for me and ive now replied with my case under bailiffs harrassment..... valeriej43. thankyou for your help so far.

[labman]

Re: help please

Hey, it's no problem. Smile sweetly at the Site Admin and they'll merge the threads!
------------------------------- merged -------------------------------
You can fill in Form N244 for stop execution of the warrant. Go to your local County Court and ask for an emergency hearing, explaining your reasons.

In theory they should grant this, though I have never used this tack before, so if you decide to try it, post up how it goes.

N244 can certainly be used in the County Court to stop a Warrant of Execution.